Brothers drop suit seeking $190K in seized cash

Two brothers who claimed Aurora police illegally confiscated more than $190,000 from them during a traffic stop dropped their lawsuit against the city today.

An attorney representing Jesus and Jose Martinez appeared briefly before Kane County Judge Thomas Mueller to say the legal action seeking to reclaim the money was being voluntarily dismissed.

The lawyer declined comment afterward, deferring to Aurora attorney Patrick Kinnally, who has represented the brothers. Kinnally did not immediately return a phone call seeking comment.

The Aurora brothers filed the lawsuit in November, about a month after police stopped Jesus Martinez’s vehicle and found a bag inside containing $190,040 in cash. Although Martinez was not charged, police confiscated the cash.

The brothers said they earned the money from a remodeling and landscaping business, and in an initial court appearance, Kane County Judge Michael Colwell ordered the city to return the cash.

But at a subsequent hearing before Mueller, the city alleged that the brothers were the targets of a drug trafficking investigation. Earlier this month, after reviewing summaries of wiretapped conversations, Mueller ruled that the city had probable cause to confiscate the money.

John Murphey, the attorney representing Aurora, said after today's hearing there was “compelling” wiretap evidence that the brothers were planning to consummate a drug deal on Oct. 18, the night of the traffic stop.

While neither brother has been charged with a crime, an Illinois State Police drug task force announced on Jan. 7 the arrests of nine people who police say were targeted as part of the same investigation. Authorities have said they plan to seek a civil forfeiture of the money.